BOARD DATE: 29 October 2013
DOCKET NUMBER: AR20130005194
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his Social Security Number (SSN) as xxx-xx-x3xx instead of xxx-xx-x7xx.
2. The applicant states the SSN shown on his DD Form 214 is incorrect.
3. The applicant provides his DD Form 214, Social Security card, and driver's license.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant was inducted into the Army of the United States on 16 May 1969.
3. His record contains the following documents that show his SSN as
xxx-xx-x3xx:
* DD Form 47 (Record of Induction), dated 16 May 1969
* DD Form 398 (Statement of Personal history), dated 18 and 22 May 1969
* DA Form 20 (Enlisted Qualification Record), dated 22 May 1969
4. On 22 November 1970, he was honorably released from active duty. His DD Form 214 shows his SSN as xxx-xx-x7xx.
5. He provides copies of his Social Security card and driver's license that show his SSN as xxx-xx-x3xx.
6. Army Regulation 635-5 (Separations Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's record contains a DD Form 47, DD Form 398, and
DA Form 20 that were prepared during the applicant's induction processing and entrance on active duty. These documents show his SSN as xxx-xx-x3xx as shown on his Social Security card. It appears that during the preparation of his DD Form 214 an administrative error occurred that resulted in his SSN being incorrectly listed.
2. In view of the foregoing, the applicant's DD Form 214 should be corrected to show his SSN as shown on his Social Security card.
BOARD VOTE:
___X__ ____X____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by correcting his DD Form 214 to show his SSN as shown on his Social Security card.
__________X_____________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20130005194
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ABCMR Record of Proceedings (cont) AR20130005194
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